RETALIATION

Win one part of a case, lose on retaliation

11/14/2016
In a complex case, don’t assume that because one part of the claim is clearly meritless, the whole case will go away.

She said, he said, she said: Counterclaim isn't retaliation

11/08/2016
A federal court has refused to entertain overturning a 5th Circuit Court of Appeals decision that says filing a counterclaim to a lawsuit or even a separate lawsuit against an employee isn’t the basis for a retaliation claim.

Employee's poor performance trumps his retaliation claim

11/08/2016
An employee who alleges he suffered retaliation for engaging in protected activity can still lose the case even if he proves the retaliation would have dissuaded a reasonable employee from complaining in the first place.

Getting the cold shoulder after reporting discrimination doesn't add up to retaliation

11/08/2016
Slights and on-the-job isolation are not enough for an employee to make out a case for retaliation for reporting discrimination or participating in litigation against one’s employer.

Drug testing still legal under new OSHA reporting rule

11/01/2016
A controversial new OSHA rule cracking down on retaliation against safety whistleblowers doesn’t ban employee drug testing.

Prepare to prove firing wasn't retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

EEOC doesn't dig NYC excavation firm's harassment

10/12/2016
The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Death threat? Yeah, that's reason to quit

09/26/2016
It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.

Retaliation? Not if you can prove you would have fired anyone else

09/22/2016
Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

Firing OK for cheating discovered during FMLA

09/15/2016
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Rudeness doesn't always equal hostile environment

09/14/2016
Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.

Disabled employee's accommodations a hassle?

09/07/2016
Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Statements to licensing board aren't retaliation

09/06/2016
Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.

Legitimate discipline isn't retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.
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